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Raj Bahadur Singh vs State of U.P.and Another

Allahabad High Court · Decided on 31 January 2001 · Citation: (2001) 01 AHC CK 0062

HON’BLE JUDGES
V.K.Chaturvedi, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 125
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 2414 of 2000
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Judgment

6 paragraphs · 398 words

V.K. Chaturvedi, J.—This revision has been preferred against the judgment and order dated 2792000 passed by Sri Siya Ram. 1st Addl. Session Judge, Farrukhabad in criminal revision No. 164of 1993. Smt. Munni Devi v. Raj Bahadur Singh under Section 125 Cr. PC. whereby maintenance amount awarded by 1st A.C.J.M. Farrukhabad in case No. 113/12/90 of Rs. 100 per month has been enhanced from Rs. 100 to Rs. 500 and the revisionist was directed to pay maintenance allowance at the rate of Rs. 500 from the date of application i.e. 1821987.

2.

Heard Sri N.K. Singh, learned counsel for the revisionist and the learned A.G.A.

3.

By order dated 17112000, the revisionist was directed to deposit a sum of 20,000 in the court of 1st A.C.J.M. Farrukhabad and further directed that revisionist shall also continue to pay Rs. 500 per month to opposite party No. 2 but amount as ordered above, has neither been deposited by the revisionist nor revisionist is paying any maintenance to opposite party. Revisionist is present in the Court today. When he was asked to deposit the said amount then he stated that he is not in a position to deposit the amount as he has no means and will not deposit the maintenance amount awarded by the revisional Court.

4.

Brief facts of the case are that the opposite party No. 2 has filed an application under Section 125 Cr. P.C. in the Court of ACJM 1st Farrukhabad on 1821987, that application was allowed by order dated 1741993 and the revisionist was directed to pay maintenance allowance at the rate of Rs. 100 per month to opposite party. As against the said order, revision No. 164 of 1993 was preferred by opposite party No. 2 before the Session Judge, Farrukhabad and the same was heard and decided by 1st Addl. Sessions Judge, Farrukhabad by passing a detailed order on 2792000 whereby maintenance amount of Rs. 100 awarded by 1st A.C.J.M., Farrukhabad has been enhanced from Rs. 100 to Rs. 500 per month.

5.1 have perused the impugned judgment and order dated 2792000 as well as other materials on record and find that maintenance amount at the rate of Rs. 500 per month awarded by the revisional Court is not excessive in these days. This revision is therefore, dismissed. 1st A.C.J.M. Farrukhabad is directed to proceed against the revisionist in accordance with law.

Revision dismissed.